[WSBAPT] HOA Commmon Area Question

[Ron Housh]

13 Lot  HOA has common area strip bordering 6 Lots.  The strip "for common
use and enjoyment" is a 15 foot wide jungle of weeds, blackberries, etc; I
am told never used for "common enjoyment".

 

The 6 lot owners adjacent to the common area strip would like to acquire fee
ownership of that portion of the strip adjacent to his/her lot.

 

Of course the 7 page HOA Declaration is silent with regard to the possible
sale/transfer of common area.

 

Would they need the affirmative vote of all 13 lot owners for a conveyance
of fee title?  I assume yes but not sure.

 

What is the incentive of the owners of the lots that do not border the
common area to agree?  The Declaration does require that the common area be
maintained.  So presumably the 6 lot owners adjacent to the strip could
mount a campaign to have the strip "maintained" i.e. landscaped at a cost to
be borne by all 13 lot owners.

 

Another idea:  RCW 64.38.020 allows the Association to grant licenses,
leases, etc. over common area.  RCW 64.38.025:  Board acts on behalf of the
Association.  Perhaps the Board could grant each of the 6 lot owners a
license over the area [or lease the area to each of the 6 owners]??  

 

The objective of each of the 6 lot owners is to expand their backyards by 15
feet making use of an area that to date is a "weed infested jungle".

 

Thoughts appreciated on whether:

 

1.        Sale to each of the 6 would require the affirmative vote of all 13
lot owners;

2.       A license or lease would be preferable.

Thanks,

Ron

 

 

FOR PLANNING PURPOSES:  I WILL BE OUT OF THE OFFICE JULY 7 - 13

 

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

 

Ronald G. Housh, P.S.

Attorney at Law

 

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

 

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  206-235-2459

Email:    <mailto:ron at housh.org> ron at housh.org

 


 

 

 

 

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